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(영문) 서울중앙지방법원 2018.10.17 2018고정1668

모욕

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 12, 2018, at around 10:37, the Defendant: (a) conducted one-person demonstration and received a report of the disturbance, and (b) prevented the victim C and the victim I conducted one-person demonstration belonging to the Seoul Urban Transportation Corporation; (c) provided the Defendant with the victim C and the victim I conducted one-person demonstration; and (d) provided the Defendant with the victim C and the victim I sexually insulting the Defendant on the ground that the fluencation took place.

Summary of Evidence

1. The witness C and I's respective legal statements;

1. A written statement of C and I;

1. Application of investigation reports (on-site video CDs files)-related Acts and subordinate statutes;

1. Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act in relation to the provisional payment order. The defendant and his defense counsel asserted that since the defendant did not have any disturbance at the time of the instant case and the victims expressed desire to raise and get the defendant, it constitutes a justifiable act that does not violate social rules. However, in light of the criminal facts stated in the evidence of the judgment, the defendant's desire to have the victims expressed their desire cannot be deemed to constitute a justifiable act.

Therefore, the defendant and his defense counsel are not accepted.